CLEARLAKE, Calif. – On Thursday night, following a staff report, brief public input and discussion, the Clearlake City Council unanimously approved the first reading of a new ordinance to put in place stricter rules for medical marijuana cultivation in the city.
At its Dec. 15 meeting the Clearlake Planning Commission considered the updated regulations – the product of the work of an ad hoc committee that began meeting in October – and voted unanimously to recommend them to the city council, Lake County News has reported.
The current city regulations have been in effect since June, after the city council had attempted to implement a full ban last spring that was challenged by a referendum, City Manager Greg Folsom explained in his report to the council.
The city created the ad hoc committee, which included council members Russ Perdock and Bruno Sabatier, Realtor Dave Hughes, dispensary owner Liz Byrd, business owners Dan Griffin and Vince Metzger, and Lake County Fire Protection District Chief Willie Sapeta.
Folsom said the committee met for the first time on Oct. 7, two days before Gov. Jerry Brown signed the three-bill package known as the Medical Marijuana Regulation and Safety Act.
That new legislation provides for dual licensing by state and local governments of marijuana businesses according to local ordinances, Folsom told the council.
He said the legislation also expressly protects local licensing practices, zoning ordinances and local constitutional police power; upholds local power to levy fees and taxes; provides for civil penalties for unlicensed growing activity; specifies that criminal penalties under existing law will continue to apply; and directs a multiagency task force to reduce impacts of marijuana cultivation, including environmental issues such as illegal discharge into waterways, and poisoning of marine life and habitats.
Folsom said the legislation “is clear in giving the city authority to regulate or ban medical marijuana cultivation as well as to require a permit or license and to charge a fee.”
Based on the referendum last year, Folsom said a “sizable portion” of the citizenry wanted to continue to cultivate medical marijuana.
“The ad hoc committee recognizes this and is, therefore, not recommending a ban, but is recommending a much stricter ordinance that can be more easily enforced,” he said.
Folsom said the existing ordinance prohibits cultivation on vacant lots, outdoor cultivation within 600 feet of a public or private school or a child care center, outdoor cultivation within a mobile home park unless within a designated garden area or a leased lot that exceeds 4,500 square feet, cultivation within any property with multifamily dwellings and processing of medical marijuana.
On parcels with residences it also prohibits outdoor cultivation of more than six plants on less than half an acre, more than 12 plants won half an acre to one acre, more than 18 plants on one acre to five acres, 36 plants on five to 40 acres, and more than 48 plants on 40 acres or more, Folsom said.
He said the new ordinance prohibits the following: cultivation on vacant lots; any indoor cultivation within a residential dwelling unit unless allowed by dispensary ordinance; cultivation within 600 feet of a public or private school, a child care center or a public park; cultivation within any property with multifamily dwellings; outdoor cultivation within a mobile home park; a cultivation area in excess of 100 square feet; cultivation without a city-approved permit; processing of medical marijuana that in any way alters the chemical structure; plants that are visible from any public right of way; and processing marijuana in excess of that cultivated at said property.
It also does not allow diversion of water from any waterway; cultivation within 100 feet of specified drainage areas, including Clear Lake, Burns Valley Creek, Miller Creek, Alvita Creek, Molesworth Creek and Cache Creek; cultivation within any commercial zone, mixed use residential, scenic corridor or beautification zone; cultivation in excess of six plants no matter what size lot; and any type of commercial cultivation, according to Folsom.
Folsom said the new rules require all grow sites to be registered by May 1, with the registration valid from May 1 to April 30; that permission be granted to the city to enter and inspect grow sites up to two times a year, in addition to the initial inspection; the property owner gives approval to grow in writing; a copy of a current recommendation, which must be issued to the property's legal tenant; proof of residence; a water source; a 10-foot by 10-foot grow area or accessory structure, which must be locked at all times; 6 foot solid fencing; a permanent legal residential structure on the property; and setbacks of 5 feet from the home and 10 feet from the property line.
The new regulations allow the city to abate grows that aren't registered, levy a $300 fine for failure to register for growing and issue growing suspensions for violations of the rules. Folsom said the new ordinance also would move the rules from police to zoning regulations.
Folsom said the city permit to grow would cost $150 annually. He said if the city issued 500 such permits, it could generate up to $75,000 annually to offset the cost of enforcement.
For comparison, he said South Lake Tahoe charges a $350 initial set up fee and an annual inspection fee of $217, while the city of Oroville charges a $265 fee for a two-year cultivation permit.
During public comment, Michael Green, president of the Fresno Cannabis Association and a new resident of Lakeport, said the proposed ordinance contains “problematic” areas that could give rise to litigation, including a $1,000 per plant fine, which he said instead should be $1,000 per day; the 10-foot by 10-foot enclosure; and the permitting process.
Earl Richardson, who owns a 40-acre property in the city, wanted the council to create a conditional use permit process that would allow different growing amounts under certain conditions.
Ad hoc committee member Vince Metzger said he supported the ordinance. “For now I think it's one of the best around,” he said, although he added that there should be some allowance for commercial grows.
During council discussion, Sabatier said he was concerned about implementing a permanent ban on properties where there are repeated rule violations – as the draft ordinance originally proposed – as that could impact future property owners.
He also questioned the setbacks, which Perdock said were intended for security.
“We have to keep our eyes open, said Perdock, explaining that they had to acknowledge that illegal marijuana cultivation has been a problem in the city, and also the cause of about half a dozen murders.
“We're trying to create a safer living environment for our residents. For me that's key,” Perdock said.
Councilwoman Denise Loustalot thanked everyone involved with drafting the regulations. “I think this was a very well vetted process that was done this time,” she said, noting it didn't just include the council.
She also agreed with not implementing a permanent growing ban on properties where there are problems, although she said she was fine with the $1,000-per-plant fine.
Perdock said everyone worked well together in drafting the new regulations. “People may speak ill of us, but I'm telling you Clearlake can be a place again to be proud of.”
During continued discussion, Sabatier suggested that rather than a permanent ban on properties where there are multiple violations, instead the ban be limited to five years. City Attorney Ryan Jones also suggested the word “criminal” be removed one of the parts of the document based on recent case law requirements.
“I think we have here a really terrific compromise, a very well thought out document,” that protects patients' rights, property use and values, said Vice Mayor Gina Fortino Dickson.
At the end of the half-hour of consideration and discussion, Fortino Dickson moved to approve the document with the changes suggested by Sabatier and Jones, with a second reading scheduled for the council's next meeting later this month. The council approved the motion 5-0.
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Clearlake City Council approves first reading of stricter marijuana cultivation rules
- Elizabeth Larson
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